
[Federal Register: April 21, 2010 (Volume 75, Number 76)]
[Rules and Regulations]               
[Page 20778-20780]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ap10-9]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0196]
RIN 1625-AA87

 
Security Zone; Portland Rose Festival Fleet Week, Willamette 
River, Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a security zone encompassing 
all waters of the Willamette River between the Hawthorne and Steel 
Bridges in Portland, Oregon during the Portland Rose Festival Fleet 
Week from June 2, 2010, through June 7, 2010. The security zone is 
necessary to help ensure the security of the military and other vessels 
participating in Fleet Week as well as the maritime public in general 
and will do so by prohibiting any person or vessel from entering or 
remaining in the security zone unless authorized by the Captain of the 
Port or his designated representatives.

DATES: This rule is effective from June 2, 2010, through June 7, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0196 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0196 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail MST1 Jaime Sayers, Waterways Management 
Division, Coast

[[Page 20779]]

Guard Sector Portland; telephone 503-240-9319, e-mail 
Jaime.A.Sayers@uscg.mil. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule.
    There is a need to provide a security zone for the 2010 Portland 
Rose Festival Fleet Week, and there is insufficient time to publish a 
notice of proposed rulemaking, respond to comments, and issue an 
effective rule at least 30-days before June 2, the start of this year's 
Fleet Week. Therefore, it is impracticable to publish an NPRM and it 
would be contrary to public interest not to issue this temporary final 
rule in time for it to be published at least 30-days before the event.

Basis and Purpose

    The annual Portland Rose Festival Fleet Week will be taking place 
this year from June 2, 2010, through June 7, 2010. Fleet Week includes 
visits by a variety of United States and foreign military and 
government vessels. The vessels will be transiting the Columbia River 
and mooring up for display on the banks of the Willamette River between 
the Hawthorne and Steel Bridges. Due to the security concerns inherent 
for such vessels, the security zone created by this rule is necessary 
to help ensure the security of the vessels themselves as well as the 
maritime public in general.
    This year, the Coast Guard is issuing a temporary final rule 
instead of an annual enforcement notice. Although the same security 
zone created by this rule is already codified at 33 CFR 165.1312, the 
enforcement dates contained in that section are not inclusive of when 
the Portland Rose Festival Fleet Week is actually taking place this 
year.

Discussion of Rule

    The security zone created by this rule will encompass all waters of 
the Willamette River between the Hawthorne and Steel Bridges in 
Portland, Oregon. This zone will be effective during the 2010 Portland 
Rose Festival Fleet Week, from June 2, 2010, through June 7, 2010. All 
persons and vessels will be prohibited from entering or remaining in 
the security zone unless authorized by the Captain of the Port or his 
designated representatives.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. The Coast Guard has made this 
determination based on the fact that the security zone will only be in 
effect for the Portland Rose Festival Fleet Week and maritime traffic 
may be able to enter the zone if authorized by the Captain of the Port 
or his designated representatives.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule will affect the following entities, some of which 
may be small entities: The owners and operators of vessels intending to 
operate in the area covered by the security zone. The security zone 
will not have a significant economic impact on a substantial number of 
small entities, however, because the security zone will only be in 
effect for the Portland Rose Festival Fleet Week and maritime traffic 
may be able to enter the zone if authorized by the Captain of the Port 
or his designated representatives.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and

[[Page 20780]]

Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of 
the Instruction. This rule involves the establishment of a security 
zone.
    An environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.T13-136 to read as follows:


Sec.  165.T13-136  Security Zone; Portland Rose Festival Fleet Week, 
Willamette River, Portland, Oregon.

    (a) Location. The following area is a security zone: All waters of 
the Willamette River, from surface to bottom, between the Hawthorne and 
Steel Bridges.
    (b) Regulations. Under 33 CFR part 165, subpart D, no person or 
vessel may enter or remain in the security zone created by this section 
without the authorization of the Captain of the Port or his designated 
representatives. Subpart D has other requirements applicable to the 
security zone created by this section. Permission to enter the security 
zone created by this section may be requested by contacting the Captain 
of the Port at 503-240-9311 or on VHF channels 16 or 22.
    (c) Effective period. This section is effective from June 2, 2010, 
through June 7, 2010.

    Dated: April 9, 2010.
F.G. Myer,
Captain, U.S. Coast Guard, Captain of the Port, Portland.
[FR Doc. 2010-9185 Filed 4-20-10; 8:45 am]
BILLING CODE 9110-04-P

